Ordered that the order is affirmed insofar as appealed from, with costs.
The plaintiff served her notice of cross motion by mail four days before the return date of the defendant's motion, instead of eight days as required by CPLR 2215. Although the notice of cross motion was not timely, the Supreme Court considered the cross motion and supporting papers pursuant to the discretionary power conferred upon it by CPLR 2214 (c). Under the circumstances of this case, and...
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